The Kansas Health Institute first outlined what was happening in a story last week. They noted that Kansas Budget Director Shawn Sullivan didn't credit the federal law when explaining why the state would be able to use that money to close the gap.
"The additional revenue from the rebates is the result of higher-than-expected pharmacy utilization among the Kansas Medicaid population and better pharmacy program administration by the MCOs in the state,” Sullivan said, per KHI.
When contacted by the news agency, a state health department spokesperson initially told reporter Andy Marso that Obamacare "doesn't have a role" in the $55 million that will help save the state's finances. But the spokesperson later corrected themselves, saying they "had gotten incorrect information about the ACA's role in the pharmacy rebate program."
The rebate program is complicated, but here is the gist, as it was explained to TPM on Friday by George Washington University professor Brian Bauen. Under the program, pharmaceutical companies pay rebates to states and to the federal government, based on a percentage of their sales to the Medicaid program that year.
What the ACA did was allow Medicaid managed care (which is different than traditional fee-for-service) to participate in the drug rebate program. Kansas has recently reformed its Medicaid program to include significantly more managed care, though a health department spokesperson told TPM that the reforms had not been made because of the federal health care law.
Obamacare also increased the rebate rates, from 15.1 percent of the average manufacturer price for most brand-name drugs to 23.1 percent, and from 11 percent to 13 percent for generic drugs. The exact impact can be hard to suss out, but according to Bauen's analysis of federal data, Kansas saw an increase in rebates from $60 million in 2009 to $90 million in 2012.
So while Brownback's administration seems to want to credit more drug purchases and its own Medicaid reforms for the revenue that it is now using to fill its budget hole, Obamacare would also have played a role, as the health department spokesperson eventually acknowledged to KHI.
"Oh yeah, they definitely are saving money," Bauen said. The ACA "would have increased the revenue from rebates."
There are no legal restrictions for what states can do with the Medicaid rebate money, Bauen said. According to Goossen, it has historically been used to help pay for the state's Medicaid program. But desperate times, desperate measures.